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2025 DAILYLAW 39999 (CHH)

BANASRAM NISHAD v. STATE OF CHHATTISGARH

WPC/4534/2025 · 2025-08-24

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:42857 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4534 of 2025 1 - Banasram Nishad S/o Late Trilochan Nishad, Aged About 63 Years R/o Village Funndahar, Post Devpuri Police Station Telibandha, Tehsil And District Raipur (C.G.) 2 - Smt. Sawan Bai Nishad, W/o Late Manohar Nishad, Aged About 53 Years R/o Village Funndahar, Post Devpuri Police Station Telibandha, Tehsil And District Raipur (C.G.) 3 - Ramanand Nishad, S/o Late Manohar Nishad, Aged About 36 Years R/o Village Funndahar, Post Devpuri Police Station Telibandha, Tehsil And District Raipur (C.G.) 4 - Sampat Nishad, S/o Late Manohar Nishad, Aged About 45 Years R/o Village Funndahar, Post Devpuri Police Station Telibandha, Tehsil And District Raipur (C.G.) 5 - Ganaram Nishad, S/o Late Manohar Nishad, Aged About 42 Years R/o Village Funndahar, Post Devpuri Police Station Telibandha, Tehsil And District Raipur (C.G.) 6 - Dhanendra Nishad, S/o Late Manohar Nishad, Aged About 25 Years R/o Village Funndahar, Post Devpuri Police Station Telibandha, Tehsil And District Raipur (C.G.) 7 - Smt. Indira Bai W/o Late Agasram Nishad, Aged About 55 Years R/o Village Funndahar, Post Devpuri Police Station Telibandha, Tehsil And District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through Its Secretary, Department Of Urban And Administration And Development Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Municipal Corporation Raipur, Through Its Commissioner, Raipur, District Raipur (C.G.) 4 - Collector Raipur, District Raipur (C.G.) 5 - Sub Divisional Officer (Revenue) Raipur, District Raipur (C.G.) 6 - Tahsildar Raipur, District Raipur (C.G.) 7 - Ritesh Kumar, S/o Late Shri Ramnarayan Mahato, Aged About 49 Years R/o. House No. 8, Avni Pride, Daldal Seoni, Raipur, Tehsil And District Raipur (C.G.) ... Respondent(s) 2 For Petitioner(s) : Mr. Surfaraj Khan, Advocate For Respondent/State For Respondent no. 3 : : Mr. Anurag Tripathi, Panel Lawyer Mr. Pankaj Agrawal, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 25/08/2025 1. The petitioner has filed this writ petition on the following relief: “10.1. That the Hon’ble Court may kindly be pleased to issue suitable writ, order, direction by commanding/directing the court of learned Sub- Divisional Officer (Revenue) Raipur to adjudicate the revenue first appeal case no. 202506111000856/A-13/Years 2024-25 strictly in accordance with law on its own merit, within a time frame and during the pendency of above appeal before the court of learned SDO Raipur, Interim protection may kindly be granted by staying the effect and operation of order dated 16.06.2025 (Annexure P/1) passed by the court of learned Nayab Tahsildar Raipur, in the interest of justice. 10.2 That, this Hon’ble Court may kindly be pleased to call the entire records from the 3 respondents authorities for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that the present petition is preferred against the inaction of respondent authorities, particularly SDO Raipur, who had rejected the application filed by the petitioners under Section 52 of the C.G. Land Revenue Code for grant of stay, along with the memo of first appeal, as per Section 44 of the C.G. Land Revenue Code and now the office of SDO is dealing with the revenue appeal in Revenue Case No. 202506111000856/A-13/Years 2024-25. Even the petitioners have preferred a revision under Section 50 of the C.G. Land Revenue Code before the court of learned Additional Collector Raipur and the Court of Additional Collector Raipur had passed interim order in favour of the petitioners by staying the effect and operation of order dated 16.06.2025, passed by the court of Learned Nayab Tahsildar Raipur in Revenue Case No. 202503114900071/A-13/Years 2024-25. 3. Learned Counsel for the respondents opposed the submission made by the counsel for the petitioner. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Looking to the entire facts and circumstances of the case, submissions of the counsels, respondent no. 5 is directed to 4 decide the first appeal case no. 202506111000856/A-13/Years 2024-25, in accordance with law, rules and regulations, expeditiously as soon as possible after giving sufficient opportunity of hearing to the respondent no. 7. 6. In view of the above, the present petition is disposed of. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Arvind Kumar Verma) JUDGE Madhurima